Privacy policy

of the Schwarzwälder Eismanufaktur GmbH

I. Name and address of the responsible person

The controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is the:

Black Forest Ice Cream Manufactory GmbH
represented by the managing director Matthias Rothacher

Desert 2
79227 Schallstadt
Germany

Tel.: 07664/ 4032700
E-mail: info@schwarzwaelder-eismanufaktur.de
Website: www.hofeis.de

II. General information on data processing

  1. Scope of the processing of personal data

We process personal data of our users only insofar as this is necessary for the provision of a functional website and our content and services. The processing of personal data of our users takes place regularly only after consent of the user.

An exception applies in those cases in which obtaining prior consent is not possible for factual reasons and the processing of the data is permitted by legal regulations.

2. legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO serves as the legal basis.

In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 (1) lit. d DSGVO serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing.

3. data deletion and storage period

The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage no longer applies. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject.

Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the conclusion or fulfillment of a contract.

III. provision of the website and creation of log files

1. description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer. The following data is collected:

  1. Information about the browser type and version used
  2. The operating system of the user
  3. The Internet service provider of the user
  4. The IP address of the user
  5. Date and time of access
  6. Websites from which the user's system accesses our website
  7. Websites that are called up by the user's system via our website

The data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place.

2. legal basis for data processing  

The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f DSGVO.

3. purpose of data processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.

The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 lit. f DSGVO.

4. duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

In the case of storage of data in log files, this is the case after two weeks at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

5. possibility of objection and elimination

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

IV. Cookies use    

1. Description and scope of data processing

Our website uses cookies. These are small files that are automatically created by your browser and stored on your terminal device (laptop, tablet, smartphone or similar) when you visit our site.

In the cookie, information is stored that arises in each case in connection with the specific end device used. However, this does not mean that we gain direct knowledge of your identity. Furthermore, cookies cannot execute programs or transfer viruses to your computer.

This website uses the following types of cookies:

- Transient cookies: Transient cookies are automatically deleted when you close the browser. These include in particular the session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the joint session. This allows your computer to be recognized when you return to our website.

- Persistent cookies: Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. We use such cookies to statistically record the use of our website and to optimize our offer. In doing so, the cookies enable us to automatically recognize that you have already been with us when you visit our site again.

You can configure your browser settings according to your preferences and, for example, refuse to accept third-party cookies or all cookies. Please note that you may not be able to use all functions of this website. If a user calls up a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

We also use cookies on our website that enable an analysis of the user's surfing behavior.

The user data collected in this way is pseudonymized by technical precautions. Therefore, an assignment of the data to the calling user is no longer possible. The data is not stored together with other personal data of the users.

When calling up our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of personal data used in this context is obtained. In this context, a reference to this privacy policy is also made.

2. Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f DSGVO.

The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 (1) lit. a DSGVO if the user has consented to this.

3. Purpose of the data processing

(a) The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.

(b) The user data collected through technically necessary cookies are not used to create user profiles.

(c) The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimize our offer.

(d) In these purposes also lies our legitimate interest in the processing of personal data pursuant to Art. 6 para. 1 lit. f DSGVO.

4. Storage, elimination possibility

(a) Cookies are stored on the user's computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies.

(b) By changing the settings in your internet browser, you can disable or restrict the transfer of cookies. Already stored cookies can be deleted at any time; this can also be done automatically.

(c) If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

(d) The transmission of Flash cookies cannot be prevented via the settings of the browser, but by changing the setting of the Flash Player.

V. Social network plug-ins

On the basis of Art. 6 para. 1 p. 1 lit. f DSGVO, we use plug-ins, links and buttons to social media websites for the purpose of advertising and information.

By installing these elements, data is transmitted to the corresponding social media providers when our page is called up, possibly also to third countries.

2. these data are stored and processed by the providers; in particular, if you are logged in to the respective social media provider at the same time, a provider can recognize your visit to our website.

3. even if you share posts from our website on the social network or otherwise pass them on ("Like"), this will be transmitted to the provider and stored by it, possibly also for your usage profile.

4. the social networks use this data for business purposes, marketing, advertising and other, such as to create and build profiles of the user and to provide personalized advertising.

5. the purpose and scope of data collection as well as the further processing and use of collected data can be viewed in the data protection notices of the social media providers. In detail:

(a) Instagram:

Our website also uses social plugins ("Plugins") from Instagram, which is operated by Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA ("Instagram").

The plugins are marked with an Instagram logo, for example in the form of an "Instagram camera".

When you access a page of our website that contains such a plugin, your browser establishes a direct connection to the servers of Instagram. The content of the plugin is transmitted by Instagram directly to your browser and integrated into the page. Through this integration, Instagram receives the information that your browser has called up the corresponding page of our website, even if you do not have an Instagram profile or are not currently logged in to Instagram.

This information (including your IP address) is transmitted by your browser directly to an Instagram server in the USA and stored there. If you are logged in to Instagram, Instagram can directly assign your visit to our website to your Instagram account. If you interact with the plugins, for example by clicking the "Instagram" button, this information is also transmitted directly to an Instagram server and stored there.

The information will also be published on your Instagram account and shown to your contacts there.

If you do not want Instagram to directly assign the data collected via our website to your Instagram account, you must log out of Instagram before visiting our website.

For more information, please see the Privacy Policy:
https://help.instagram.com/155833707900388 from Instagram.

(b) Facebook:

Social media plugins from Facebook are used on our website to make their use more personal.

When you call up a page of our website that contains such a plugin, your browser establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to your browser, which then integrates it into the website. By integrating the plugins, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are not currently logged in to Facebook. This information (including your IP address) is transmitted by your browser directly to a Facebook server in the USA and stored there.

If you are logged in to Facebook, Facebook can directly assign your visit to our website to your Facebook account. If you interact with the plugins, for example by clicking the "LIKE" or "SHARE" button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed to your Facebook friends.

Facebook may use this information for the purposes of advertising, market research and demand-oriented design of the Facebook pages. For this purpose, Facebook creates usage, interest and relationship profiles, e.g. to evaluate your use of our website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our website and to provide other services associated with the use of Facebook.

If you do not want Facebook to assign the data collected via our website to your Facebook account, you must log out of Facebook before visiting our website.

For the purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and setting options for protecting your privacy, please refer to Facebook's privacy policy at

https://www.facebook.com/about/privacy/.

VI. analysis tools

1. Tracking tools:

The tracking measures listed below and used by us are carried out on the basis of Art. 6 (1) p. 1 lit. f DSGVO.

With the tracking measures used, we want to ensure a needs-based design and the ongoing optimization of our website.

On the other hand, we use the tracking measures to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you.

These interests are to be considered legitimate within the meaning of the aforementioned provision of the GDPR.

The respective data processing purposes and data categories can be found in the following explanations of the respective tracking tools.

2. Google Analytics

For the purpose of demand-oriented design and continuous optimization of our pages, we use Google Analytics, a web analysis service of Google Inc.(https://www.google.de/intl/de/about/), business address 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter "Google".

In this context, pseudonymized usage profiles are created and cookies (see section IV) are used. The information generated by the cookie about your use of this website, such as.

  • Browser type/version,
  • operating system used,
  • Referrer URL (the previously visited page),
  • Host name of the accessing computer (IP address) and
  • Time of the server request

are transferred to a Google server in the USA and stored there.

The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to the use of the website and the Internet for the purposes of market research and demand-oriented design of these Internet pages. This information may also be transferred to third parties if this is required by law or if third parties process this data on our behalf.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on:

(https://tools.google.com/dlpage/gaoptout?hl=de).

Further information on data protection in connection with Google Analytics can be found, for example, in the Google Analytics help at

(https://support.google.com/analytics/answer/6004245?hl=de).

3. Google Adwords Conversion Tracking

In order to statistically record the use of our website and to evaluate it for the purpose of optimizing our website for you, we also use Google Conversion Tracking. Google Adwords sets a cookie (see section IV) on your computer if you have accessed our website via a Google ad.

If the user visits certain pages of the Adwords customer's website and the cookie has not yet expired, Google and the customer can recognize that the user clicked on the ad and was redirected to this page.

Each Adwords customer receives a different cookie. Cookies can therefore not be tracked across Adwords customers' websites. The information obtained using the conversion cookie is used to create conversion statistics for Adwords customers who have opted for conversion tracking. Adwords customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag.

You can also disable cookies for conversion tracking by setting your browser to block cookies from the domain"www.googleadservices.com". Google's privacy policy on conversion tracking can be found here:

(https://services.google.com/sitestats/de.html).

4. Google AdSense

This website uses Google AdSense, a service of Google Inc, address see above, point 2.

Google AdSense enables the integration of advertising on websites. For this purpose, Google sets cookies (small text files) on the device or displays web beacons (invisible pixels). These enable an analysis of the website visits.

Ad preference cookies allow Google and its partners to serve ads to users based on their views of this website or other websites. The information collected in this process is usually transferred to a Google server in the USA and stored there - including the IP address. Google may share this information with third parties.

The processing of the data is based on Art. 6 para. 1 UAbs. 1 letter f DSGVO, supported by the legitimate interest in improving our website offering such as advertising.

The setting of the AdSense cookie can be prevented by setting the browser to reject all cookies. However, this may affect the usability of this website. You can also disable personalized advertising on the following page:

https://adssettings.google.com/anonymous.

You can find more information on data protection by Google at

https://www.google.com/intl/de/analytics/privacyoverview.html

5. google maps

This site uses the map service Google Maps via an API. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. To use the functions of Google Maps, it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transmission. The use of Google Maps is in the interest of an appealing presentation of our online offers and an easy location of the places indicated by us on the website. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO. More information on the handling of user data can be found in Google's privacy policy: https://policies.google.com/privacy?hl=de&gl=de.

VII. Facebook Pixel

On our website, we use the so-called "Facebook Pixel" of Facebook Inc. ("Facebook", see above). This enables interest-based advertisements ("Facebook ads") to be displayed to users of our website when they visit the Facebook social network or other websites that also use the method.  

Through the Facebook pixel, your browser automatically establishes a direct connection with the Facebook server. We have no influence on the scope and further use of the data collected by Facebook through the use of this tool and therefore inform you according to our state of knowledge: 

By integrating the Facebook pixel, Facebook receives the information that you have clicked on an ad from us or called up the corresponding web page of our website. If you are registered with a Facebook service, Facebook can assign the visit to your account. Even if you are not registered with Facebook or have not logged in, it is possible that the provider will learn and store your IP address and other identifiers.  

With the use of the Facebook pixel, we pursue the purpose of displaying Facebook ads placed by us only to those Facebook users who have also shown an interest in our Internet offering. With the help of the Facebook pixel, we would like to ensure that our Facebook ads correspond to the potential interest of the users and do not have a harassing effect. Furthermore, with the help of the Facebook pixel, we can track the effectiveness of Facebook ads for statistical purposes by seeing whether users were redirected to our website after clicking on a Facebook ad.

The legal basis for the use of the Facebook Pixel is Art. 6 para. 1 lit. f DSGVO. Further information on data collection:
http://www.facebook.com/help/186325668085084

Tracking by the Facebook Pixel is on this page:
enabled. Deactivate trackingà

opt-out to be created by the website operator himself required according to the BayLDA's specifications].  

VIII. contact form and e-mail contact

  1. Description and scope of data processing

There are two contact forms on our website that can be used for electronic contact. These are an input mask for an event inquiry and a general contact inquiry.

(a) General contact request:

If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. These data are:

- First name, last name and

- Mail address.

2. Storage

The following data is also stored at the time the message is sent:

  1. The IP address of the user
  1. Date and time of registration
  1. The mail address of the user

For the processing of the data, your consent is obtained during the submission process and reference is made to this privacy policy.

In this context, the data will not be passed on to third parties. The data is used exclusively for the processing of the conversation.

3. legal basis for data processing  

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) lit. f DSGVO.

If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO.

4. purpose of the data processing

The processing of personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the submission process are used to prevent misuse of the contact form and to ensure the security of our information technology systems.

5. duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended.

The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.

The additional personal data collected during the sending process will be deleted after a period of two weeks at the latest.

6. possibility of objection and elimination

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time.

In such a case, the conversation cannot be continued.

All personal data stored in the course of contacting us will be deleted in this case.

IX. Rights of the data subject

If personal data is processed by you, you are a data subject within the meaning of the GDPR and you are entitled to the following rights vis-à-vis the controller (see above):

  1. Right to information

You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

If there is such processing, you may request information from the controller about the following:

(a) the purposes for which the personal data are processed;

(b) the categories of personal data which are processed;

(c) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;

(d) the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage duration;

(e) the existence of a right to rectify or erase personal data concerning you, a right to obtain the restriction of processing by the controller or a right to object to such processing;

(f) the existence of a right of appeal to a supervisory authority;

(g) any available information on the origin of the data, if the personal data are not collected from the data subject;

(h) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information about whether personal data concerning you is transferred by us to a third country or to an international organization.

In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.

2. right to rectification

You have a right to rectification and/or completion vis-à-vis the data controller, insofar as the personal data processed concerning you are inaccurate or incomplete.

The responsible party shall make the correction without undue delay.

3. right to restriction of processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

(a) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;

(b) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;

(c) the controller no longer needs the personal data for the purposes of processing, but you need them for the establishment, exercise or defense of legal claims; or

(d) if you have objected to the processing pursuant to Art. 21(1) DSGVO and it is not yet clear whether the controller's legitimate grounds override your grounds.

Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. right to deletion

(a) Obligation to delete

You may request the controller to delete the personal data concerning you without undue delay, and the controller is obliged to delete such data without undue delay, if one of the following reasons applies:

(a) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(b) you revoke your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) DSGVO and there is no other legal basis for the processing.

(c) you object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.

(d) the personal data concerning you have been processed unlawfully.

(e) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

(f) The personal data concerning you has been collected in relation to information society services offered pursuant to Art. 8(1) DSGVO.

 

(b) Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.

(c) Exceptions

The right to erasure does not exist insofar as the processing is necessary to

(a) to exercise the right to freedom of expression and information;

(b) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

(c) for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;

(d) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or

(e) to assert, exercise or defend legal claims.

5. right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed about these recipients by the data controller.

6. right to data portability

You have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

(a) the processing is based on consent pursuant to Art. 6 (1) a DSGVO or Art. 9 (2) a DSGVO or on a contract pursuant to Art. 6 (1) b DSGVO and

(b) the processing is carried out with the aid of automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible.

Freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you that is carried out on the basis of Art. 6(1)(e) or (f) DSGVO,

Opposition

to insert.

The controller will then no longer process the personal data concerning you, unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of such personal data for the purpose of such marketing

You have the possibility, in connection with the use of information society services - notwithstanding Directive 2002/58/EC - to exercise your right to object by means of automated procedures using technical specifications.

8. right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time.

The revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

9. right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with the competent supervisory authority if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

The competent supervisory authority for the registered office of our company is:

The State Commissioner for Data Protection and Freedom of Information of Baden-Württemberg
Corporation under public law
Represented by the State Commissioner Dr. Stefan Brink
Home address:

Königstrasse 10 a
70173 Stuttgart

Postal address:
P.O. Box 10 29 32
70025 Stuttgart

Telecommunications:
Tel.: 0711/615541-0
Fax: 0711/615541-15

Email:
poststelle@lfdi.bwl.de